BeeBip Software License Agreement

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End User License Agreement

SINFONI IT

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ALL OR PART OF THE SOFTWARE "BeeBip" (HEREINAFTER THE "SOFTWARE") YOU ACCEPT ALL THE PROVISIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED BY YOU SIGNED. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON BEHALF OF WHICH THE SOFTWARE IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (eg CD) WITHOUT HAVING HAD THE OPPORTUNITY TO READ THIS LICENSE AND YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU HAVE PAID IF YOU: (A) DO NOT USE THE SOFTWARE
(B) RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PLACE WHERE YOU ARE YOU HAVE ACQUIRED IT WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE.

SINFONI IT owns all intellectual property rights related to the Software. SINFONI IT allows you to use the Software only in accordance with the provisions of this Agreement. The use of some elements belonging to third parties and included in the Software may be subject to other provisions and conditions typically found in a separate license agreement or in a "Read Me" file provided with these elements.

1. Definitions

"Software" means any file contents, of the disk(s), of the CD-ROM(s) or other materials provided with this Agreement, including, without limitation,
(i) the software (s) or data of SINFONI IT or third
(ii) explanatory files or documents ("Documentation")
(iii) fonts, and (b) any upgrades, modified versions, updates, additions and copies of the Software, if any, for which SINFONI IT grants you a license (hereinafter collectively "Updates").

The term "use" means access to software, its installation, download, copy or otherwise benefit from the use of its functionality according to the documentation.

The term "SINFONI IT" means SINFONI IT Ltd, 85b Rue Nelson Mandela 59120 LOOS FRANCE. The term "User" means the person or entity to whom the license is granted.

2. License Grant

Subject to compliance with the provisions of this Agreement Software License Agreement ("Agreement"), SINFONI IT grants you a nonexclusive license to Use the Software for the purposes described in the documentation.

2.1 General Use

You may install and use one copy of the Software on your compatible computer, up to the Permitted Number of computers.

2.2 Backup

You can make a backup copy of the Software, if you do not install or use it on a computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software in accordance with Article 4.

2.3 No modification

You are not authorized to make any changes of any kind to the Software or to create a new installer for the Software. This software is licensed and distributed by SINFONI IT to enable the detection of lost or stolen computers on the Internet, and the recovery and destruction of data contained on those computers. You are not authorized to integrate the software.

2.4 Disclaimer

IN NO EVENT SINFONI IT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR LOSS OF USE, REVENUE OR PROFITS, LOSS OR CORRUPTION OF DATA, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, OR FOR MORAL INJURY DAMAGES RELATED TO USE THE SOFTWARE, EVEN IF SINFONI IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.

3. Detention of intellectual property rights and copyright

The Software and any authorized copies that you make are the intellectual property of SINFONI IT. The structure, organization and code of the Software are valuable trade secrets and confidential information of value of SINFONI IT. The Software is protected by law and by international treaty provisions. Except as expressly provided herein, this Agreement does not grant you any intellectual property right in the Software and SINFONI IT reserves all rights not expressly granted.

4. Limitations

4.1 Property notice.

You may not copy the Software except as set forth in Article 2. Any copy of the Software that you make must contain the same copyright and other propetry notices that appear in or on the Software.

4.2 Modifications

You may not modify, adapt or translate the Software. You shall not reverse engineer, and you may not decompile, disassemble the Software, otherwise try to discover the source code, except to the limit authorized by the applicable law, if this is necessary to interoperability of the Software with other software, and or if you have previously asked SINFONI IT to provide the information necessary for such interoperability and SINFONI IT do not have them supplied. SINFONI IT reserves the right to impose reasonable conditions and to demand payment of a reasonable fee before providing such information. Any such information supplied by SINFONI IT and any information obtained by you after such decompilation permitted, shall be used solely by you in accordance with the purpose of this Agreement and shall not be disclosed to third parties or used to create a program substantially similar to the Software. For further information, please contact SINFONI IT (+33 320 535 535).

4.3 Transfer

You may not rent or lease, sublicense, assign or transfer your rights in the Software, or authorize the copying of all or part of the Software on the computer of another user. In the event you sell your computer to a third party, you must first uninstall the Software and waive the corresponding license without any consideration of any nature whatsoever not due to you by SINFONI IT.

5. Updates

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to use the Update. All Updates are provided on the basis of trade license. You agree that by using an Update you voluntarily terminate your right to use any previous version of the Software. You acknowledge that any obligations of SINFONI IT on support for earlier versions of the Software are terminated when the Update is available. You allow SINFONI IT to provide you with updates via Internet automatically.

6. WARRANTY

6.1 GUARANTEE SATISFIED OR MONEY BACK

Guarantee "SATISFIED OR MONEY BACK" applies only when the following conditions are met: (i)
The user has subscribed to the paid version of the Software
(ii)
The User has fulfilled its annual subscription and can produce proof of purchase (receipt of credit card account statement,...)
(iii)
The PC User for which the subscription has been purchased was stolen (iv)
The user has reported the theft to the authorities within 8:00 following the theft and can produce the complaint (date and time of theft listed on the complaint being faith) (v)
The user has reported the theft to SINFONI IT within 8 hours of theft using the management interface on the website www.beebip.fr or by phone (The date and time of theft listed on the complaint being faith) (vi)
No detection of the computer on the Internet could be made within sixty (60) calendar days after the theft report with SINFONI IT (vii)
The user makes the claim by regular mail within ten (10) days after the deadline specified in (vi)

The value considered for reimbursement will not exceed the amount actually paid by the user and is limited to the current subscription year. In the case of multiple licenses, the value will be calculated by dividing the total cost of the license by the number of stolen computers, not detected in the 60-day period described above and using the license. The refund will be sent by check or bank transfer to the User within thirty (30) days of receipt of the request.

6.2 DISCLAIMER

The Software is provided "AS IS" and SINFONI IT makes no warranties as to its use or performance than that indicated in section 6.1 of this contract. SINFONI IT DOES NOT WARRANT AND CAN NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE. SUBJECT OF WARRANTIES, CONDITIONS, OR OTHER CERTIFICATION PROVISIONS WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LOCAL LAW, SINFONI IT MAKES NO WARRANTY, CONDITION, CERTIFICATION OR TERMS, EXPRESS OR IMPLIED, UNDER THE LAW OF THE COMMON LAW, CUSTOM, USAGE OR OTHERWISE, OTHER MATTERS, INCLUDING THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

Destruction and recovery of data
The software allows the user to retrieve and / or destroy data remotely on the computer. These actions require: •
An encryption key known only to the User •
Access protected by password to the user area at https://www.beebip.fr •
A copy of the complaint for theft to the authorities •
In the case of the destruction of data, a written request from the User

Destruction and recovery of data

The software allows the user to retrieve and / or destroy data remotely on the computer. These actions require:

7. Applicable Law

This Agreement shall be governed by and construed under the laws in force in France. In case of dispute, the competent court is the court of commerce in Lille (59000).

8. General Provisions

If any provision of this Agreement is found void and unenforceable, it will not affect the validity of other provisions of this Agreement which shall remain valid and enforceable according to these provisions. The provisions of this Agreement shall not prejudice the rights of public policy of any party dealing as a consumer. This Agreement may be amended only by a written amendment signed by an authorized representative of SINFONI IT . Updates containing additional or different terms can be licensed to you by SINFONI IT. This document constitutes the entire agreement between you and SINFONI IT relating to the Software and supersedes all prior representations, discussions, undertakings, communications or advertising related to the Software.

9. License compliance

If you are a company or organization, you undertake to prove and certify, within thirty (30) days, at the request of SINFONI IT or any of its authorized representatives as of the date of said Application, the Use of the Software complies with valid licenses from SINFONI IT .

10. Trial version

The use of the trial version of the Software is subject to the following: •
The operation and the diffusion of the trial version can be modified or discontinued without notice by SINFONI IT •
The User agrees to be contacted by SINFONI IT or its partners via email or other means for commercial purposes

11. Paid versions

The software is available as an annual license. As part of this license, SINFONI IT undertakes: •
Transmit to the authorities any information that would physically locate the computer of the user. •
Give the user any data retrieved remotely. The archives delivered can only be decrypted by a key known only to the user. In case of loss of this key, SINFONI IT is not able to restore it. •
To enable the destruction of data at the express request of the user. This destruction is only possible if the user provides the correct encryption key. The list of deleted files will be sent to the user. •
These services are included in the licenses "Standard " and "Family" and will take place without additional charge •
These services are not included in "Value Pack" and an extra cost is charged •
However, these services will be offered in the case of "Value Pack" if the user can prove his status as a student at the time of license purchase

The license expires at year's end if the user does not renew it. If the date of expiry is reached while the computer was stolen before that date, the validity of the license is extended by a maximum of 60 days from the date of declaration of theft to our services.

12. Privacy Notice

The software requires the registration of a name and an email address. You have a right of access to information about you. This information can being accessed and modified by connecting to websites http://www.beebip.fr or http://www.monassistance.fr using your customer number and password that you were provided.
CNIL: SINFONI IT has made a declaration to the CNIL as asked by the articles 15 and 16 of french Act 78-17 of 6 January 1978 relating to data, files and freedoms under the declarant number 1166474.

SINFONI IT and BeeBip are registered trademarks of SINFONI IT.

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